A. The board may use all proper means to prevent the spreading of dangerous and fatal diseases among livestock and for the extirpation of such diseases. If a disease breaks out in the state, it is the duty of all persons owning or having in their charge livestock infected to immediately notify the board of the existence of such disease. The board shall cause proper examination to be made by a veterinarian and, if the disease is found to be a dangerously contagious or infectious malady, the board shall order the diseased livestock that have been exposed to be strictly quarantined and shall order any premises or farms where such disease exists or has recently existed to be put in quarantine so that no livestock subject to the disease is removed from or brought to the premises or places so quarantined. The board shall prescribe such rules as it deems necessary to prevent the disease from being communicated in any way from the premises so quarantined.

B. The board may expend funds to prevent, suppress, control or eradicate any disease or parasite of livestock that the board has by rule declared to be a disease or pest of significant economic impact to any segment of the livestock industry. This power shall include the right to purchase and destroy or sell infected or exposed livestock.

C. Whenever the board finds any livestock infested with a disease or pest declared by the board to be of significant economic impact, the board may request the governor to declare an emergency as provided in Section 6-7-3 NMSA 1978.

History: Laws 1909, ch. 9, § 1; Code 1915, § 106; C.S. 1929, § 4-1009; 1941 Comp., § 49-301; 1953 Comp., § 47-3-1; Laws 1983, ch. 229, § 6; 1999, ch. 282, § 20.

Cross references. — For eradication of scabies, see 77-4-1 to 77-4-8 NMSA 1978.

The 1999 amendment, effective July 1, 1999, in Subsection A, substituted "If a disease breaks out" for "In the event of any contagious or infectious diseases breaking out" in the second sentence, deleted "licensed" preceding "veterinarian" in the third sentence, and substituted "disease" for "contagion" in the last sentence; substituted "a disease" for "an exotic pest" in the first sentence of Subsection B; substituted "a disease" for "any exotic pest" in Subsection C; and made stylistic changes throughout the section.

The 1983 amendment added the catchline, designated the formerly undesignated provisions as Subsection A, added Subsections B and C and, in Subsection A, divided the former one sentence into the present three sentences, substituted "New Mexico livestock" for "cattle sanitary" in the first sentence, inserted "sheep, hogs," also in the first sentence, deleted "thereupon" preceding "it shall be the duty" and substituted "licensed" for "competent" in the second sentence and substituted "New Mexico livestock" for "cattle sanitary" in the third sentence.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Animals § 50 et seq.

3A C.J.S. Animals §§ 66 to 69, 73.